Sexual Harassment in the Workplace
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Sexual harassment is the scourge of the workplace. Almost every woman has experienced sexual harassment in the workplace. Some 90 per cent of Canadian women have experience this at some point during their working lives.
Most victims of sexual harassment are women, though they are not the only victims. Men can also be victims of sexual harassment, though this appears to happen less often.
What is Sexual Harassment?
Generally speaking, sexual harassment is unwanted sexual behaviour.
Definition of Sexual Harassment
Dictionary.com, unabridged (v 1.1) defines sexual harassment as:
"unwelcome sexual advances made by an employer or superior, esp. when compliance is made a condition of continued employment or advancement."
The American Heritage Dictionary gives the definition of sexual harassment as:
"The making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position or when acquiescence to such behavior is a condition of continued employment, promotion, or satisfactory evaluation."
What constitutes the legal definition of sexual harassment is the fact that the sexual advances are "unwanted" or "unwelcome" by the victim.
Sexual Harassment at Work
Sexual harassment at work can take many forms, including staring and leering, howling, whistling, cat calls, derogatory comments, innuendoes, sexually explicit comments or jokes (including those delivered by email), unwelcome flirting, inappropriate touching or fondling, sexist remarks, displaying pornography, following and blocking, requiring sexual favours in return for job security, sexual assault and rape.
Sexual Harassment versus Flirting
Consensual sex, physical affection and mutually enjoyed flirting do not constitute sexual harassment.
Sexual Harassment and Power
Sexual harassment may come from supervisors or co-workers and is usually about exercising power over the victims. As well as being a workplace issue, it also happens in doctors', dentists', lawyers' and therapists' offices, is done by landlords and neighbours and happens in college.
This type of behaviour may be encouraged by norms in the society, stereotyping, lack of communication and lack of consequences, which make it easy for it to persist unchallenged. However, it is illegal. The Canada Human Rights Act, Criminal Code of Canada and Canadian Labour Code all prohibit sexually harassing behaviour.
Facts about Sexual Harassment
Sexual harassment in the workplace can have profound effects on its victims. Possible emotional effects include depression, anxiety, anger, fear, embarrassment, stress and feelings of shame, humiliation, degradation and powerlessness.
Victims may also experience physical effects such as headaches, nausea, stomach pains and ulcers, loss of appetite, illness, disturbed sleep and dependence on alcohol or drugs.
There are also effects on the victim's performance at work. Someone who is being sexually harassed may be late for or absent from work and may find it difficult to work. That person may also end up leaving the job or requesting a transfer, resulting in loss of income and benefits.
Employers may find that these employees have to be reassigned to areas where they are less effective. The work environment in general becomes less productive and morale may be low. Sexual harassment lawsuits can also be costly.
Dealing With Sexual Harassment in the Workplace
Many victims of sexual harassment in the workplace fail to report it. There are many reasons for this.
- Some people fear that they won't be taken seriously or will not receive support if incidents are reported.
- Some are unaware of the reporting procedure.
- Some people don't want to rock the boat or feel that reporting incidents will not change anything.
- Sometimes victims don't trust what they believe happened, or may be afraid of the harasser.
- In some cases, they may be afraid of getting the harasser into trouble.
Ways to Handle Sexual Harassment Issues
However, sexual harassment does not usually go away if ignored; in fact, it gets worse. It's important to keep a record of incidents and copies of any offensive material, such as emails or letters.
Employees can check the employer's policy on harassment to know how to handle the issue.
Harassers may have more than one victim in the workplace, so employees may be able to find support from others who have had the same experience.
Finally, employees can file complaints with their local human rights commission if they lose their jobs or suffer other negative effects of complaining about sexual harassment in the workplace.
For more on defining the problem of sexual harassment specific to your organization, Contact us.
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